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The Idea of Labour Law$
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Guy Davidov and Brian Langille

Print publication date: 2011

Print ISBN-13: 9780199693610

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199693610.001.0001

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Flexible Bureaucracies in Labor Market Regulation

Flexible Bureaucracies in Labor Market Regulation

(p.385) 23 Flexible Bureaucracies in Labor Market Regulation
The Idea of Labour Law

Michael J Piore

Oxford University Press

This chapter examines visions of membership underpinning contemporary international labour regulations on migration—that is, who is assumed to belong to the community of workers entitled to the full range of labour protections? Through a case study of the ILO’s Non-Binding Multilateral Framework on Migration (2006), it shows how, on the one hand, such regulations bring issues fundamental to migrant workers’ protection out of the shadows. Yet, on the other hand, membership norms underlying even those that are most forward-looking continue to reflect familiar tensions between nation states’ concern to preserve their sovereignty in the migration policy field and the objective of improving labour protection for migrant workers, presumed to require collective international action. This tension, the chapter argues, underlines a fundamental political limit to using international labour regulations to reshape labour law in an inclusive direction. It highlights the need for an alternative approach fostering global labour market membership.

Keywords:   international labour regulations, migration, ILO, citizenship, global labour market membership

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